(A) Capacity of public facilities for a project will move from the encumbered status to the reserved status for final development orders that pass the concurrency test and satisfy payment of capacity reservation fees. Capacity is encumbered for Type III preliminary development orders during the application process. Capacity is reserved for Type II and Type III preliminary development orders that meet concurrency and pay capacity reservation fees.
(B) The city has specific time limits for most types of development orders, and the capacity certificate will be valid for the same period of time as the underlying development order. Development orders will have capacity reserved for the following time periods:
Time Limits on Capacity Reservations for Concurrency
Type of D.O. | D.O. Expire | Capacity Reservation Period |
Type of D.O. | D.O. Expire | Capacity Reservation Period |
Type I. Preliminary D.O. | ||
Variance | 6 months | NA |
Abandonment | unlimited | NA |
Type II. Preliminary - Capacity Reservation Optional Plan | ||
Amendment | unlimited | NA/1 year |
Rezoning | unlimited | NA/1 year |
Type III. Preliminary - Encumbrance/Capacity Reservation Optional | ||
Preliminary Sub. Plan | 1 year | 1 year |
Conditional Use | 1 year | 1 year |
Type IV Final Concurrency Test - Capacity Reservation Required | ||
DRI | as specified in D.O. | |
All permits | 6 months | 6 mo./1 yr. |
Site plan | 12 months | 12 months |
Towne Square Project | 18 months | 18 months |
Final Sub. and Plat | Same as Site Plan | |
(C) The city concurrency management/concurrency reservation application program is comprised of five steps, as outlined below:
(1) Step 1. Concurrency application (optional). Upon payment of the review fee, the city will conduct a concurrency test which will be good for two months. Utilizing this step will allow an applicant up to two months to submit plans. Capacity will be determined for maximum or specified uses, proposed development, or densities and intensities.
(2) Step 2. Formal development application. Either a preliminary or final plan is submitted to the city, along with the appropriate application review fee. Capacity for the project is placed in the "encumbered" status while under review. Concurrency review will take place concurrent with development review.
(3) Step 3. Preliminary plan approval. Capacity for the project will either be encumbered for three months from the preliminary plan approval date, reserved for one year upon payment of the capacity reservation fees, or denied.
(a) In either steps (1), (2) or (3), the applicant has the option to move capacity out of the encumbered status into the reserved status by payment of the capacity reservation fees.
(4) Step 4. Final plan approval. Payment of the reservation fees are due within three months of the final approval. When the fees are not paid in a timely manner, the approval is null and void. Upon payment of the reservation fees, the final development order and certificate of capacity is issued.
(5) Step 5. Building permit. The building permit is applied for and all development fees, connection fees, and impact fees, including statement for county fees must be paid within the application time deadline.
(D) The process for each type of preliminary or final development order is outlined below:
Type I Preliminary Development Order - Variance or Abandonment.
1. Submit application.
2. No concurrency test.
3. Capacity reservation not available.
Type II Preliminary Development Order. Rezoning or Comprehensive Plan Amendment.
1. Submit concurrency and other applicable application and pay application review fee.
2. Internal concurrency test.
3. Capacity determined for maximum or specified uses, densities and intensities.
4. Encumbrance or reservation option:
a. Capacity encumbered while plan amendment or rezoning is under review.
b. Capacity reservation at applicant's option. No development order or certificate of capacity is issued.
c. If applicant chooses not to reserve capacity, an affidavit is signed acknowledging that future rights to develop the property are subject to future concurrency and no rights have been granted by the city or acquired by the applicant.
Type III Preliminary Development Order - Preliminary Subdivision Plan or Conditional Use.
1. Submit concurrency application and pay application review fee.
2. Concurrency test/Encumbrance.
3. Capacity determined for maximum or specified uses, densities and intensities.
4. Encumbrance and reservation option:
a. Capacity encumbered while plan is under review. Following approval capacity will be encumbered for an additional 90 days to allow for final plan submission. No certificate of capacity is issued.
b. Capacity reservation at applicant's option. Capacity reservation fees are paid.
c. If applicant chooses not to reserve capacity, an affidavit is signed acknowledging that future rights to develop the property are subject to future concurrency and no rights have been granted by the city or acquired by the applicant.
5. Submit preliminary subdivision or conditional use application as specified within 90 days. Steps 1 - 4 above may be conducted as part of the preliminary subdivision or conditional use procedures.
Type IV Final Development Order.
1. Submit concurrency application.
2. Concurrency test/encumbrance.
3. Capacity determined for specified uses, densities and/or intensities.
4. Encumbrance and reservation option:
a. Encumbrance while plan is under review.
b. Capacity reservation fee must be paid prior to issuance of final development order.
c. Capacity reservation fees are due within 90 days after final approval of capacity reservation, or approval is null and void.
d. Final development order issued and certificate of capacity are released following payment of capacity reservation fee.
5. Submit final subdivision, site plan, or DRI application as specified. Steps 1 - 4 above may be conducted as part of the final subdivision, site plan or DRI application.
6. Concurrency determination analysis is required only once, provided all applicable deadlines are met.
7. Projects can obtain site development permits for new construction without obtaining building permits. Site work permits (site work is installation of infrastructure) will not be considered to expand or extend the capacity reservation. A capacity reservation is not, by issuance of a site development permit, extended and the applicant will need to seek such extensions as necessary if the capacity reservation will expire prior to receipt of all development approvals.
8. The city will specifically identify its conditions of approval of the capacity reservation application within an enforceable development agreement or binding contract, including necessary off-site infrastructure or facility improvements that are needed to support the project, whether or not the needed facility is public or private.
Approved subdivisions will be allowed to plat only those lots for which capacity reservation fees have been paid. If the applicant cannot purchase capacity for all lots within the subdivision, the applicant may enter into a development schedule for the unplatted lots stipulating the following:
a. Schedule for phasing of remaining lots
b. Agreement to pay reservation fees for each phase as it is platted
c. The Final Subdivision plan shall show all proposed phase lines and areas without reservation of capacity shall remain as unplatted tracts within the subdivision.
The applicant may convert the non-binding schedule into capacity by paying fees and passing the appropriate concurrency tests. Submittal of a non-binding schedule shall not constitute a vesting of entitlement to capacity, a reservation of capacity, or guarantee of available capacity.
9. After final plan approval, recording of plat and receipt of performance bond, the city will prepare the final development order. The final development order and certificate of capacity will be released to the appropriate party following payment of the capacity reservation fee and submittal of all applicable documents related to the development. If payment is not received within 90 days after final approval, approval will be null and void.
10. If a concurrency public facility to be provided by an applicant is not available at the time of the development's impacts upon concurrency public facilities, further development will cease and no further building permits issued or inspections performed, until all required concurrency public facilities are constructed. If a concurrency public facility to be provided by an applicant is included in a binding but the construction is behind development can continue, but no releases for final electrical service or certificates of occupancy will be issued until the facility has been accepted or approved by the city. If, however, a concurrency public facility is to be provided by the city and is not completed on time, development can continue within the conditions in the development order; provided, however, that no certificates of occupancy or releases for final electrical service will be issued until potable water, sanitary sewer and solid waste capacity are available.
11. Certificates of concurrency are not transferable to another parcel or parcels of real property. Certificates of concurrency shall benefit and run with the parcel of real property to which the application related, subject to the limits prescribed in this part, and shall contain detailed information relating to limitations on uses and development densities and intensities.
(Ord. 633, passed 2-18-93)